Tuscaloosa City Council to vote on pay-to-park rules

Operators of pay-to-park lots may have new rules to follow pending a vote Tuesday night by the City Council. The Office of the City Attorney has devised regulations for parking lots managed by private companies within the city.

Staff file photo

By Jason MortonStaff Writer

Published: Friday, November 30, 2012 at 3:30 a.m.

Last Modified: Thursday, November 29, 2012 at 10:23 p.m.

TUSCALOOSA | Operators of pay-to-park lots may have new rules to follow pending a vote Tuesday night by the City Council.

The Office of the City Attorney has devised regulations for parking lots managed by private companies within the city.

The rules stipulate that drivers who buy spaces in parking lots for less than seven days must be provided with a receipt or proof of the transaction at the time the space is rented.

“We need this,” said City Councilman Bobby Howard, a key proponent for the regulations. “I feel like, with all of the (downtown) development, we're going to keep running into (complaints) if we don't get in front of it.”

Howard began pushing for regulations after complaints from residents over parking management companies' use of large, yellow parking boots to ensure that motorists pay for the space they use.

But these new rules, which were approved Nov. 20 by the council's Public Safety Committee, do not address or establish rules for the use of parking boots. In fact, parking boots aren't mentioned.

That's because City Attorney Tim Nunnally was hesitant to craft a rule without some kind of state precedent.

Right now, no state laws govern the use of parking boots, and the city attorney believes that it is not within the jurisdiction of a municipality to assume that role from the state.

Codifying rules on how parking boots can be used would legally validate them and leave the city open for potential lawsuits, Nunnally has said.

Other cities, such as Birmingham, do not have such concerns and have adopted their own codes and ordinances to govern parking boots.

It's these and other rules from municipalities across the state that Intelligent Parking Systems, which operates in Tuscaloosa, follows when putting boots on vehicles, said James David Cochran Jr., company president.

Cochran said he welcomes Tuscaloosa's new rules, but doesn't expect them to affect his business that much.

The only lot that IPS monitors with a booting system is in Temerson Square behind the RBC Bank building.

But with its recent purchase for the purpose of upper-floor condominiums, Cochran said he doesn't expect to have the contract for that parking lot much longer.

“In the grand scheme of things, (these rules) are not really going to affect us,” Cochran said. “And, if we have more pay lots in the future, the more regulations, the better.”

Here is the text of the city's proposed parking regulation:

Any pay-to-park parking Lot in the city that accepts payment for any period of time less than seven days must comply with the following:

Parking lots must be either gated for a customer to enter or exit the parking lot or an attendant must be present to accept payment from a customer or payment may be made through an automated machine that provides a payment receipt including location, date and time of payment.

Signs must be provided with directions for payment plainly visible at the entrance to each lot and prominently displayed on the interior of the lot.

Adequate lighting for each pay-to-park lot shall be provided subject to approval of the Director of the Tuscaloosa Department of Transportation.

Parking lots shall be maintained in a clean, orderly condition at the expense of the leasee, tenant or operator of the lot.

Any parking lot attendant or person utilized to enforce compliance with payment in any manner within the lot shall wear a distinctive logo on all shirts and jackets with the name of the parking lot owner or leasee of the lot prominently displayed.

<p>TUSCALOOSA | Operators of pay-to-park lots may have new rules to follow pending a vote Tuesday night by the City Council.</p><p>The Office of the City Attorney has devised regulations for parking lots managed by private companies within the city.</p><p>The rules stipulate that drivers who buy spaces in parking lots for less than seven days must be provided with a receipt or proof of the transaction at the time the space is rented.</p><p>“We need this,” said City Councilman Bobby Howard, a key proponent for the regulations. “I feel like, with all of the (downtown) development, we're going to keep running into (complaints) if we don't get in front of it.”</p><p>Howard began pushing for regulations after complaints from residents over parking management companies' use of large, yellow parking boots to ensure that motorists pay for the space they use.</p><p>But these new rules, which were approved Nov. 20 by the council's Public Safety Committee, do not address or establish rules for the use of parking boots. In fact, parking boots aren't mentioned.</p><p>That's because City Attorney Tim Nunnally was hesitant to craft a rule without some kind of state precedent.</p><p>Right now, no state laws govern the use of parking boots, and the city attorney believes that it is not within the jurisdiction of a municipality to assume that role from the state.</p><p>Codifying rules on how parking boots can be used would legally validate them and leave the city open for potential lawsuits, Nunnally has said.</p><p>Other cities, such as Birmingham, do not have such concerns and have adopted their own codes and ordinances to govern parking boots.</p><p>It's these and other rules from municipalities across the state that Intelligent Parking Systems, which operates in Tuscaloosa, follows when putting boots on vehicles, said James David Cochran Jr., company president.</p><p>Cochran said he welcomes Tuscaloosa's new rules, but doesn't expect them to affect his business that much.</p><p>The only lot that IPS monitors with a booting system is in Temerson Square behind the RBC Bank building.</p><p>But with its recent purchase for the purpose of upper-floor condominiums, Cochran said he doesn't expect to have the contract for that parking lot much longer.</p><p>“In the grand scheme of things, (these rules) are not really going to affect us,” Cochran said. “And, if we have more pay lots in the future, the more regulations, the better.”</p><p>Here is the text of the city's proposed parking regulation:</p><p>Any pay-to-park parking Lot in the city that accepts payment for any period of time less than seven days must comply with the following:</p><p>Parking lots must be either gated for a customer to enter or exit the parking lot or an attendant must be present to accept payment from a customer or payment may be made through an automated machine that provides a payment receipt including location, date and time of payment. </p><p>Signs must be provided with directions for payment plainly visible at the entrance to each lot and prominently displayed on the interior of the lot.</p><p>Adequate lighting for each pay-to-park lot shall be provided subject to approval of the Director of the Tuscaloosa Department of Transportation.</p><p>Parking lots shall be maintained in a clean, orderly condition at the expense of the leasee, tenant or operator of the lot.</p><p>Any parking lot attendant or person utilized to enforce compliance with payment in any manner within the lot shall wear a distinctive logo on all shirts and jackets with the name of the parking lot owner or leasee of the lot prominently displayed. </p><p>Reach Jason Morton at jason.morton@tuscaloosanews.com or 205-722-0200.</p>